As the Obama administration and the courts change the course of federal
environmental law and policy, this best-selling casebook has been updated
comprehensively to include the latest legal and policy developments. Each
chapter includes new material exploring contemporary developments including
the challenges climate change is posing to nearly every aspect of
environmental law.
The revised Sixth Edition includes:
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Ten New Case Excerpts, including new decisions by the U.S. Supreme
Court on CERCLA, the Clean Air Act, NEPA, environmental standing and the Clean
Water Act
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Four New Problem Exercises, including exercises on cap-and-trade versus
a carbon tax, the application of NEPA to climate change, who should be
prosecuted for criminal violations, and negotiation of a post-Kyoto regime to
control greenhouse gas (GHG) emissions
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"Midnight Regulations" by the Bush administration and the
Obama administration's response
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New emphasis on Environmental Standing, including the Supreme Court's
Massachusetts v. EPA and Summers v. Earth Island Institute decisions
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The new approach to CERCLA "arranger" liability and apportionment
embodied in the Supreme Court's Burlington Northern decision
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EPA's new definition of "solid waste" and judicial decisions altering the
agency's new source review program and programs for controlling interstate air
pollution and hazardous air pollutants
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EPA's Clean Air Act "Endangerment" Finding for Emissions of GHGs, reversal
of the California waiver denial, and California's controls on GHG emissions
from mobile sources
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The relationship between the Clean Water Act's §404 and §402 permit programs
, including the Supreme Court's June 22, 2009 Coeur Alaska decision
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Climate Change and NEPA, including the 9th Circuit's Center for
Biological Diversity v. NHTSA decision on the environmental impact of national
fuel economy standards
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Remedies for Claims of NEPA Violations, including the Supreme Court's
Winter v. NRDC decision
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Climate change and the Endangered Species Act, including the impact of
the polar bear listing on agency consultation under §7 and §9's prohibition of
"takes"
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The latest scientific evidence concerning global warming and climate
change, as well as material on the development of carbon trading markets,
adaptation strategies, and carbon disclosure